RESTREINT UE/EU RESTRICTED Council of the European Union General Secretariat Brussels, 14 June 2016 (OR. en) 10284/16 RESTREINT UE/EU RESTRICTED FRONT 254 COSI 112 ASIM 91 COMIX 454 NOTE From: Presidency To: Working Party on Frontiers/Mixed Committee (EU-Iceland/Liechtenstein/Norway/Switzerland) Subject: Report on the activities of the Immigration Liaison Officer (ILO) Networks and on the situation in Kenya in matters relating to illegal immigration Delegations will find enclosed a report on the activities of Immigration Liaison Officer (ILO) Networks and on the situation in Kenya in matters relating to illegal immigration. 10284/16 BM/cr 1 DG D 1 A RESTREINT UE/EU RESTRICTED EN RESTREINT UE/EU RESTRICTED ANNEX TABLE OF CONTENTS Introduction…………………………………………………………………………………. 4 Executive summary………………………………………………………………………… 6 Overview of recommendations…………………………………………………………. 15 PART I: ACTIVITIES OF THE ILO NETWORK A. Activities of the ILO network in Kenya…………………………………………….. 21 1. The NAIL team…………………………………………………………………………. 21 2. Activities of the NAIL team in Kenya………………………………………………… 22 3. Activities of the NAIL team in neighbouring countries…………………………….. 27 4. Overall evaluation of the cooperation and coordination among the NAIL team members……………………………………………………………………………….. 29 5. Overall evaluation of the cooperation with airlines and handling agencies…………….. 30 6. Overall evaluation of the contact with the Kenyan authorities……………………… 32 7. Recommendations to improve and strengthen the NAIL network………………………. 35 B. Performing ILO tasks in unstable and unsafe countries (Somalia)…………….. 37 1. Responsibility of the ILO network towards unstable and unsafe countries…………. 37 2. Best practices for maintaining relations with the authorities and airlines of unstable and unsafe countries…..…………………………………………………………………… 32 3. The assessment of trustworthiness of partners and stakeholders in unstable and unsafe countries………………………………………………………………………………… 38 4. Safety measures that are needed to enable ILOs to take up tasks in unstable and unsafe countries………………………………………………………………………………. 39 5. Recommendations to develop and enhance tasks and activities with or within unstable and unsafe countries…………………………………………………………………………. 40 C. Suggestions and proposals to improve further reports and to enhance the added value of ILO networks…..……………………………………………………………….. 42 1. Suggestions and proposals to improve further reports………………………………. 42 2. Suggestions and proposals to enhance the added value of ILO networks……………. 43 10284/16 BM/cr 2 ANNEX DG D 1 A RESTREINT UE/EU RESTRICTED EN RESTREINT UE/EU RESTRICTED PART II: SITUATION IN THE HOST COUNTRY IN MATTERS RELATING TO ILLEGAL IMMIGRATION A. Mixed migration characteristics…………………………………………………… 44 1. Kenya: a country of destination……………………………………………………… 44 2. Kenya: a country of origin…………………………………………………………… 49 3. Kenya: a country of transit…………………………………………………………….. 52 4. Relevant state institutions responsible for migration…………………………………. 54 5. Key national and international legislation relating to migration……………………. 55 B. Border management………………………………………………………………. 58 1. General overview………………………………………………………………………. 58 2. Risks and threats at Kenya’s borders…………………………………………………. 59 3. Air borders inflows and outflows towards the EU…………………………………… 62 C. Human trafficking- and smuggling……………………………………………. 70 1. Situation in Kenya in relation to human trafficking and smuggling …………………… 70 2. Responsibility of the ILO network in combatting human trafficking and smuggling. 75 3. National strategies and measures taken to prevent and combat human trafficking and smuggling………….………………………………………………………………….. 77 4. Recommendations to the Kenyan authorities……………………………………….. 82 D. Document fraud and visa policy……………………………………………………… 84 1. Falsified travel documents……………………………………………………………. 84 2. Visa policy……………………………………………………………………………… 87 E. Return and readmission………………………………………………………………. 92 1. Assisted voluntary return and forced return…………………………………………. 92 2. Readmission of Kenyan nationals and third country nationals……………………… 94 3. Identification of Kenyan citizens without papers subject to return…………………. 95 4. Resources of the host country for returned migrants……………………………….. 98 5. Voluntary return programs…………………………………………………………….. 99 F. Overall evaluation of the cooperation with the Kenyan authorities……………… 99 G. Recommendations to the Kenyan authorities…………………………….……… 103 Annex: The Horn of Africa: Djibouti, Ethiopia, Eritrea and Somalia…………….. 106 References…………………………………………………………………………………... 129 10284/16 BM/cr 3 ANNEX DG D 1 A RESTREINT UE/EU RESTRICTED EN RESTREINT UE/EU RESTRICTED INTRODUCTION This report has been drawn up in accordance with Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network1, as amended by Regulation (EU) No 493/2011 of the European Parliament and of the Council of 5 April 20112. Article 6(1) of this Regulation provides that ‘The Member State holding the Presidency of the Council of the European Union (…) shall draw up, by the end of each semester, a report to the European Parliament, the Council and the Commission on the activities of immigration liaison officers networks in specific countries and/or regions of particular interest to the Union, as well as on the situation in those countries and/or regions, in matters relating to illegal immigration, taking into consideration all the relevant aspects, including human rights’. According to Article 4(1) of the Regulation, all ILOs posted in the third country concerned shall contribute to the report. After consultation with the European Commission, the Dutch Ministry of Security and Justice decided to focus on the ILO network in Kenya and, to a lesser extent, migration flows from the surrounding countries Somalia, Ethiopia, Eritrea and Djibouti. From Kenya numerous airlines operate flights to various EU/Schengen Member States, which underlines the importance of this country from the ILO-perspective. Moreover, the Horn of Africa has been playing a key role in the field of migration for years, with Somalia, Ethiopia, Eritrea and Kenya itself as source countries, and Kenya as a transit country as well. Since years a cooperation network of liaison officers in Nairobi, called the Nairobi Immigration Liaison (‘NAIL’) team, has been established, without this team being evaluated within the framework of Regulation (EC) No 377/2004. Stemming from this network a long- standing relationship with relevant Kenyan authorities has developed. This report aims to provide an overall view of the execution of ILO tasks in Kenya. 1 Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network. OJ L 64, 2.3.2004. 2 Regulation (EU) No 493/2011 of the European Parliament and of the Council of 5 April 2011 amending Council Regulation (EC) No 377/2004 on the creation of an immigration liaison officers network. OJ L 141/13, 27.5.2011. 10284/16 BM/cr 4 ANNEX DG D 1 A RESTREINT UE/EU RESTRICTED EN RESTREINT UE/EU RESTRICTED On 27 October 2015, the Dutch Ministry of Security and Justice forwarded a tailored questionnaire to the Immigration Liaison Officers posted in Kenya and in the surrounding countries, as well as the EU/Schengen Member States, the Immigration Service of Kenya, Interpol Nairobi, Europol and Frontex. The deadline for completing and returning the questionnaires was 6 December 2015. 24 EU/Schengen Member States responded to the questionnaire. In addition, input has been received from the Immigration Service of Kenya, Interpol Nairobi, Europol, Frontex and Australia. A draft report was presented in a meeting held in Nairobi on 20 January 2016, in which the ILOs of Member States and befriended nations, a representative of the EU Delegation and staff of the embassies of the EU/Schengen Member States participated. In addition, representatives of the Dutch Ministry of Security and Justice held meetings with the Director of the Department of Immigration Services of Kenya and representatives of the airlines and handling agencies in Nairobi between 18 and 21 January 2016. The outcomes of these meetings have been incorporated into the final report. In the beginning of March 2016, the draft report has been distributed within the ILO network in Nairobi and the Working Party Frontiers. On the basis of the comments on this draft the report has been finalised. The report has been drawn up in accordance with the model established by Commission Decision 687/20051 and consists of two parts: (I) Activities of the ILO Network (II) Situation in the host country in matters relating to illegal immigration The report covers the period from January 2014 till December 2015. A significant part of the report also deals with the question how to perform ILO tasks in a country which is too unstable and unsafe to deploy an ILO (e.g. Somalia) and the issue of human trafficking and smuggling. The completed report shall be treated as a 'RESTREINT UE/EU' document and the relevant provisions of Council Decision (EU) No 2013/488 of 23 September 2013 on the security rules for protecting EU classified information2 must be observed. 1 Commission Decision 2005/687/EC of 29 September 2005 on the format for the report on the activities of immigration liaison officers networks and on the situation in the host country in matters relating to illegal immigration. OJ L264/8, 8.10.2005. 2 Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information.